REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT
ACT 1987
HOBSONS BAY PLANNING SCHEME
HUME PLANNING SCHEME
MELBOURNE PLANNING SCHEME
MITCHELL PLANNING SCHEME
WYNDHAM PLANNING SCHEME
AMENDMENT GC9
The Planning and Environment Act 1987 (the Act), the Heritage Act 1995 and the Victorian Civil
and Administrative Tribunal Act 1998 provide for the intervention of the Minister for Planning in
planning and heritage processes.
In exercising my powers of intervention, I have agreed to:

Make publicly available written reasons for each decision; and

Provide a report to Parliament at least every twelve months detailing the nature of each
intervention.
REQUEST FOR INTERVENTION
1.
There was no request for intervention.
WHAT POWER OF INTERVENTION IS BEING USED?
2.
I have decided to exercise my powers to exempt myself from all the requirements of sections
17, 18 and 19 of the Act and the regulations in respect to Amendment GC9 to the Hobsons
Bay, Hume, Melbourne, Mitchell and Wyndham Planning Schemes.
3.
Section 20(4) of the Act enables the Minister for Planning to exempt an amendment which the
Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the
regulations.
4.
In seeking to exercise this power, section 20(4) of the Act requires that the Minister must
consider that compliance with any of those requirements is not warranted or that the interests
of Victoria or any part of Victoria make such an exemption appropriate.
BACKGROUND
Reformed residential zones
5. The Victorian State Government (the government) has a well-documented reform agenda
which it has made clear will be implemented by 1 July 2014.
6. Following significant public consultation from 17 July 2012 to 28 September 2012, the
Reformed Zones Ministerial Advisory Committee considered the views of relevant agencies in
formulating its recommendations on the form and content of the reformed residential zones.
The government's response to these recommendations was published in March 2013.
Publication of this agenda and timeframe for implementation has been made available through
multiple sources including media releases, publications on the Department of Transport,
Planning and Local Infrastructure website, and particularly through the implementation of
Amendment V8.
7.
Amendment V8 was gazetted on 1 July 2013 and introduced the Residential Growth Zone,
General Residential Zone and Neighbourhood Residential Zone into the Victoria Planning
Provisions. The residential zones have been reformed to simplify requirements, allow a
broader range of activities to be considered and better manage housing growth.
8.
The reformed residential zones enable planning authorities to better specify strategic locations
where increased densities should be provided and to limit residential change in areas where
they wish to protect neighbourhood character, environmental and other characteristics. Being
able to specify areas that should be protected from increased residential development mean
that attributes that are highly valued by the community for specific areas and supported by
strategic work undertaken by planning authorities can be given statutory effect in Victorian
planning schemes.
9.
Councils have until 1 July 2014 to introduce the reformed residential zones into their local
planning schemes. Where councils have not finalised an amendment to implement the
reformed residential zones by 1 July 2014, the General Residential Zone will be implemented
to replace all land in the Residential 1, 2 and 3 Zones.
10. Hobsons Bay City Council, Hume City Council, Melbourne City Council, Mitchell Shire Council
and Wyndham City Council are not in a position to request the preparation, adoption and
approval of tailored amendments to facilitate a conversion to the reformed residential zones
by 1 July 2014. To facilitate the conversion of these planning schemes to the reformed zones,
I have prepared an amendment to replace all land in the Residential 1 and 2 Zones with the
General Residential Zone.
11. Where the local planning scheme contains specific requirements affecting schedules to the
Residential 1 and 2 Zones (i.e. Hobsons Bay which includes an incorporated document which
requires a planning permit for the construction or extension of one dwelling on a lot between
300 and 500 square metres in Altona, Seaholme, and part of Newport and Williamstown),
these specific requirements have been translated into a Schedule to the General Residential
Zone.
Reformed commercial zones
12. The Commercial 1 and Commercial 2 Zones (C1Z and C2Z) were introduced into the Victoria
Planning Provisions via Amendment VC100 which was gazetted on 15 July 2013.
13. In all cases, land zoned Business 1, Business 2 and Business 5 (B1Z, B2Z and B5Z) was
converted to the C1Z while land zoned Business 3 and Business 4 (B3Z and B4Z) was
converted to the C2Z.
14. This amendment updates the planning scheme maps to reflect the introduction of the
reformed commercial zones by applying the “C1Z” annotation to all land currently shown as
“B1Z”, “B2Z” and “B5Z” and the “C2Z” annotation to all land currently shown as “B3Z” and
“B4Z”.
Amendment GC9
15. The amendment replaces all land in the Residential 1 Zone and Residential 2 Zone with the
General Residential Zone and updates the planning scheme maps to reflect the reformed
commercial zones.
16. In particular, the amendment makes the following changes:
Hobsons Bay Planning Scheme

Deletes Clause 32.01 (Residential 1 Zone), Clause 32.02 (Residential 2 Zone) and the
associated schedules.

Inserts Clause 32.08 (General Residential Zone).

Inserts Schedules 1 and 2 to the General Residential Zone.

Amends the Schedule to Clause 52.03 (Specific Sites and Exclusions) and the Schedule to
Clause 81.01 (Table of Documents Incorporated in this Scheme) to replace the
incorporated document Construction and Extension of One Dwelling on a Lot between
300m2 and 500m2, 24 August 2001 with a revised incorporated document Construction
and extension of one dwelling on a lot between 300m2 and 500m2, 1 May 2014.

Amends the incorporated document Construction and Extension of One Dwelling on a Lot
between 300m2 and 500m2, 24 August 2001. The specific controls in the incorporated
document applying to residential land in Altona, Seaholme, and part of Newport and
Williamstown have been translated into a Schedule to the General Residential Zone and,
as a result, consequential changes have been made to the incorporated document.

Amends the planning scheme maps to replace all land in the Residential 1 Zone and
Residential 2 Zones with the General Residential Zone.

Amends the planning scheme maps to apply the “C1Z” annotation to all land in the
Business 1 Zone and the “C2Z” annotation to all land in the Business 3 Zone.
Hume Planning Scheme

Deletes Clause 32.01 (Residential 1 Zone) and the associated schedule.

Replaces Schedule 1 to the General Residential Zone with a new Schedule 1 to the
General Residential Zone.

Amends the planning scheme maps to replace all land in the Residential 1 Zone with the
General Residential Zone.

Amends the planning scheme maps to apply the “C1Z” annotation to all land in the
Business 1 Zone and the “C2Z” annotation” to all land in the Business 3 Zone and
Business 4 Zone.
Melbourne Planning Scheme

Deletes Clause 32.01 (Residential 1 Zone), Clause 32.02 (Residential 2 Zone) and the
associated schedules.

Inserts Clause 32.08 (General Residential Zone).

Inserts Schedule 1 to the General Residential Zone.

Amends the planning scheme maps to replace all land in the Residential 1 Zone and
Residential 2 Zones with the General Residential Zone.

Amends the planning scheme maps to apply the “C1Z” annotation to all land in the
Business 1 Zone, Business 2 Zone and Business 5 Zone and the “C2Z” to all land in the
Business 3 Zone.
Mitchell Planning Scheme

Deletes Clause 32.01 (Residential 1 Zone) and the associated schedule.

Replaces Schedule 1 to the General Residential Zone with a new Schedule 1 to the
General Residential Zone.

Amends the planning scheme maps to replace all land in the Residential 1 Zone with the
General Residential Zone.

Amends the planning scheme maps to apply the “C1Z” annotation to all land in the
Business 1 Zone and Business 2 Zone and the “C2Z” annotation” to all land in the
Business 4 Zone.
Wyndham Planning Scheme

Deletes Clause 32.01 (Residential 1 Zone) and the associated schedule.

Replaces Schedule 1 to the General Residential Zone with a new Schedule 1 to the
General Residential Zone.

Amends the planning scheme maps to replace all land in the Residential 1 Zone with the
General Residential Zone.

Amends the planning scheme maps to apply the “C1Z” annotation to all land in the
Business 1 Zone, Business 2 Zone and Business 5 Zone and the “C2Z” annotation” to all
land in the Business 3 Zone and Business 4 Zone.
BENEFITS OF EXEMPTION
17. The main benefit of the exemption is that it will enable a prompt decision to be made on the
adoption and approval of the amendment which will allow, without delay:

The introduction of the reformed residential zones into local planning schemes, and

An update of the planning scheme maps to reflect the introduction of the reformed
commercial zones.
18. The exemption will enable the amendment to be gazetted promptly, applying the reformed
residential zones and updating the commercial zone mapping, and providing for the fair,
orderly, economic and sustainable use and development of land and balancing the present
and future interests of all Victorians.
EFFECTS OF EXEMPTION ON THIRD PARTIES
19. The effect of the exemption is that third parties will not receive notice of the amendment and
will not have the opportunity to make a submission or be heard by an independent panel in
relation to the amendment.
20. Since the introduction of the Residential Growth Zone, General Residential Zone and
Neighbourhood Residential Zone into the Victoria Planning Provisions on 1 July 2013, it has
been publicly advised that:

Councils have until 1 July 2014 to introduce the reformed residential zones into their local
planning schemes, and

Where councils have not finalised an amendment to implement the reformed residential
zones by 1 July 2014, the General Residential Zone will be implemented to replace all land
in the Residential 1, 2 and 3 Zones.
21. The changes introduced by the amendment are unlikely to have any adverse impacts on
landowners or third parties. Placing the amendment on public exhibition, with a potential
panel hearing, is not likely to give rise to a different outcome than proposed by this
amendment given councils’ obligation to introduce the reformed residential zones by 1 July
2014.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON
THIRD PARTIES
22. The amendment gives effect to the government’s commitment to introduce the reformed
residential zones into local planning schemes by 1 July 2014 and updates to the planning
scheme maps to reflect the reformed commercial zones. The changes introduced by the
amendment are unlikely to have any adverse impacts on landowners or third parties.
23. Hobsons Bay City Council, Hume City Council, Melbourne City Council, Mitchell Shire Council
and Wyndham City Council are not in a position to request the preparation, adoption and
approval of tailored amendments to facilitate a conversion to the reformed residential zones
by 1 July 2014. This amendment facilitates the conversion of these planning schemes to the
reformed residential zones.
24. Councils can initiate a second stage of implementation of the reformed residential zones
following more detailed strategic work that provides the basis for applying the reformed
residential zones across its municipality. These separate amendments would seek to
introduce further zone and schedule changes and would likely include comprehensive
community consultation.
25. Accordingly I consider that the benefits of exempting myself from sections 17, 18 and 19 of
the Act outweigh any effects of the exemption on third parties.
DECISION
13. I have decided to exercise my power to exempt myself from all the requirements of sections
17, 18 and 19 of the Act and the regulations in respect of Amendment GC9 to the Hobsons
Bay, Hume, Melbourne, Mitchell and Wyndham Planning Schemes.
REASONS FOR INTERVENTION
14. I provide the following reasons for my decision to exercise my power under section 20(4) of
the Act.
15. I am satisfied that Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the
regulations is not warranted because:

The government has a clear agenda to reform residential zones across all planning
schemes as evidenced by the introduction of Amendment V8, gazetted on 1 July 2013, and
this amendment implements the reforms in the Hobsons Bay, Hume, Melbourne, Mitchell
and Wyndham Planning Schemes.

The update to the planning scheme maps to reflect the reformed commercial zones does
not change the zone of the land but provides clarity by accurately showing the zoning
changes introduced via Amendment VC100.

Placing the amendment on public exhibition, with a potential panel hearing, is not likely to
give rise to a different outcome than proposed by this amendment.
Signed by the Minister
MATTHEW GUY MLC
Minister for Planning
Date: 13 May 2014